M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) We reserved judgment in these matters on 24/04/1992. We heard learned counsel for the parties at considerable length for several days. We have been taken through the provisions of the Delhi Development Act, 1957, Master Plan for Delhi published in the Gazette of India dated 1/08/1990, the Delhi Development Authority (Zoning) Regulations, 1983, the Delhi Municipal Corporation Act, 1957, the Faridabad Complex Administration (Regulations and Development) Act, 1971, the Development Plan for the Faridabad-Ballabgarh Controller Areas published in the Haryana government Gazette dated December 17, 1991, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the National Health Policy, 1985, the Ancient Monuments Act, 1958, the National Capital Region Planning Board Act, 1985 and various other documents including reportsof the Experts on air pollution and environments. The parties have submitted detailed written arguments which we have taken into consideration. We have given our thoughtful consideration to the various arguments advanced by the learned counsel for the parties.

(2.) We are conscious that environmental changes are the inevitable consequence of industrial development in our country, but at the same time the quality of environment cannot be permitted to be damaged by polluting the air, water and land to such an extent that it becomes a health hazard for the residents of the area. We are constrained to record that Delhi Development Authority, Municipal Corporation of Delhi, central Pollution Control Board and Delhi Pollution Control Committee have been wholly remiss in the performance of their statutory duties and have failed to protect the environments and control air pollution in the Union territory of Delhi. Utter disregard to environment has placed Delhi in an unenviable position of being the world's third grubbiest, most polluted and unhealthy city as per a study conducted by the World Health Organisation. Needless to say that every citizen has a right to fresh air and to live in pollution-free environments.

(3.) For the reasons to be recorded and pronounced at a later stage we order and direct as under :